A bankruptcy petition preparer is a person who simply fills out the bankruptcy forms for a debtor. There is absolutely no requirement that anyone who files bankruptcy have an attorney. However, a bankruptcy petition preparer is not allowed to give any legal advice because they are not licensed to practice law. A bankruptcy petition preparer cannot represent a debtor in court or at any hearings including the required 341 Meeting of Creditors. For all intents and purposes, a debtor who uses a petition preparer is representing themselves pro se without the assistance of any counsel.? The Court?s? Official Form B-19? is a notification bankruptcy petition preparers must complete when assisting clients, and it includes some additional relevant disclosures as well.
The bottom line is that unless you are confident in your ability to file a bankruptcy petition that requires you to represent yourself, then it is best to proceed with caution in deciding to file bankruptcy through a petition preparer. The reason is that poor advice and drafting mistakes can have a seriously negative impact on an individual?s financial situation.
In most cases, a bankruptcy petition preparer is going to be less expensive to hire than an attorney, but they also know less and are not licensed or authorized to practice law. In addition, most attorneys offer payment plans than can make filing bankruptcy through an attorney less of a financial hardship.? If you are thinking of filing bankruptcy either on your own or through a petition preparer, it may be beneficial to seek a free consultation with an attorney.? At a minimum, you can get an overview of the legal issues and pitfalls that may lie in wait for those who are unaware.
Source: http://jtmlawfirm.com/blog/2012/10/the-danger-of-filing-bankruptcy-with-a-non-lawyer/
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